Underage DUI

For decades, authorities in the U.S. have been trying to find ways to prevent people from driving under the influence of alcohol. Several organizations focus solely on combating this practice, and state governments have increased the penalties for DUI convictions. Even with increased penalties and stricter enforcement of laws, though, the number of DUIs remain high in the U.S. DUIs aren’t just limited to people who can legally drink, either. Underage drivers also make up a fair number of DUI arrests and convictions. In Illinois, anyone convicted of an underage DUI receives even harsher penalties than if they were of legal drinking age.

How Underage DUI Laws Work

Penalties Designed to Prevent Minors from Getting DUIs

DUI penalties are designed to prevent all drivers from drinking and driving. The rates of DUI suggest that greater penalties and increased enforcement have had some success in reducing injuries and deaths caused by DUIs. The penalties for minor DUIs are increased for the same purpose. To understand the difference between the penalties for minors and all other drivers, you need to understand the basics of DUI laws in Illinois.

According to Illinois DUI laws, anyone found to be driving a vehicle with a blood alcohol concentration (BAC) of 0.08 faces a six-month license suspension due to administrative penalties, even if they are not convicted of a DUI. That BAC applies to all drivers, regardless of age. However, Illinois has zero-tolerance laws that apply to underage drivers. Under these laws, if a driver under 21 has a BAC higher than 0, they face a three-month license suspension due to administrative penalties. These penalties are separate from a DUI, and minors will face both penalties if they are caught driving with a BAC of 0.08 or higher.

When someone is convicted of a first-time DUI, they face the following penalties:

• One-year license revocation
• Up to 364 days in jail
• A fine of up to $2,500
• Increased penalties if the DUI resulted in an accident.

Underage drivers face all of the same penalties if they are convicted of an underage DUI. Furthermore, they are likely to face criminal charges for possession or consumption of alcohol by a minor. Typically, prosecutors want to discourage minor DUIs with whatever tools are at their disposal.

Penalties When Minors Are Present

When someone underage gets a DUI, often, the prosecutor will try to present additional charges. One of the more common crimes you can be charged with in conjunction with an underage DUI is transporting a minor under 16 while drinking and driving. This is a common crime because underage drivers are likely to be traveling with underage friends.

If you are convicted of a DUI while transporting anyone who is under 16, you will also be required to complete at least 25 days of community service. Even worse, if this is your second DUI offense, this enhancement on a DUI charge will turn it into a felony. That can result in years spent in prison if you aren’t represented by the right Illinois DUI attorney.

Were you arrested for a DUI in Illinois? Are you under 21 years old? The state will probably try to throw the book at you. Don’t let one arrest ruin your life, especially if you did nothing wrong. Contact the experienced underage DUI lawyers at Wolfe & Stec, Ltd. at 630-305-0222 today.

Why You Should Choose Wolfe & Stec, Ltd.

Lawyers That Will Fight for Your Rights

At our law firm, we understand that just because you have been charged with a crime, that doesn’t mean you deserve the penalties the state is trying to apply to you. DUI charges are particularly true in this respect. As enforcement of DUIs has gotten increasingly stronger over the years, respect for Constitutional rights has decreased. Arresting police officers can demand that you take a chemical test, even if you don’t fully understand the consequences of taking or refusing the test.

We take your rights seriously and do everything in our power to protect you, especially from overzealous police or prosecution. Our attorneys believe communication is the key to successful defenses against DUIs for underage drivers. We discuss your case and take the time to understand your priorities. Our attorneys haven’t done their job if they haven’t fought for the priorities that are most important to you.

In addition to prioritizing communication, we also prioritize creative solutions at Wolfe & Stec, Ltd. In the courtroom, we plan our approach carefully and thoroughly investigate every legal issue. This preparation also pays off at the negotiating table, where we often convince prosecutors to drop charges or accept pleas for lesser charges. Call us today to find out how our legal team can help you avoid the worst consequences of DUI charges if you are a minor.

FAQ

It is no shame if you have questions after an arrest. Even people with a lifetime spent studying the law often find aspects of the law confusing. At our law firm, we work to dispel any confusion as quickly as possible. The following are answers to some of the most common questions we get from clients facing underage DUIs.

Can I refuse the chemical test when I am pulled over?

You can. However, if you refuse the test, you will receive an administrative penalty of a six-month license suspension, which is even higher than if you fail the test.

Can I challenge an administrative suspension?

Yes. Administrative suspensions start 45 days after you fail or refuse a test. During that time, you can challenge the suspension by requesting a hearing from the circuit court. An attorney from our law firm can represent you during that hearing and will fight for you to keep your license.

How do I fight a DUI charge?

There are several ways to fight a DUI charge. Our lawyers look at the circumstances of your case and use whatever method or methods are most likely to get success. One of the most common ways to fight a DUI charge is to show that the police officer who arrested you had no probable cause to make an arrest. If we can show evidence of that, the judge is likely to dismiss the case.

Can I have my driving privileges suspended if I was drinking alcohol but not driving?

Yes. If you are convicted of purchasing, possessing, or consuming alcohol while you are the occupant of a motor vehicle, you will have your license suspended, even if you weren’t driving the vehicle.

Do you have additional questions about underage DUIs? Ask our lawyers those questions during your free consultation.

Contact Our Law Firm After an Underage DUI Arrest Today

Getting arrested for a DUI while you are underage can have a significant impact on the rest of your life. At Wolfe & Stec, Ltd., we fight to keep one arrest from ruining your future.

Don’t wait to speak to a lawyer after an arrest for an underage DUI in Illinois. Contact our law firm at 630-305-0222 immediately to schedule a consultation.